Vet Faces Lawsuit For Flying American Flag

Channel 6 ^ | 5/27/08

[Atlas Sneezed]

Sounds like the issue may be with the permanent pole, and not with the temporary flag.

[Impostor]

Unfortunately, I don’t believe he has a leg to stand on. People move into neighborhoods knowing they have a neighborhood association and they agree to the rules, but then find they don’t like it.

There are good things about NA’s, but there’s a lot of bad that goes with them as well. I hope this guy wins out.

[NonValueAdded]

Yep, the pole is not portable or removable (well, not easily anyway) and thus would fall outside of the statute. A homeowner’s association is nothing more than a smaller unit of government, generally established in the deeds of a planned development giving the owners the means to manage the common areas. It is a mini town council and can certainly make the mistakes its larger brother and sister town and city councils seem to do on a regular basis.

[NonValueAdded]

Happy news ... emergency legislation has passed, was signed by Gov. Crist today, and goes into effect July 1st. It allows flag poles up to 20 ft in height. I haven't seen the bill yet but I wonder if provisions exist for a lighted pole for 24x7 display, etc.

See Gov. Crist Signs Flag Rights Bill

[svcw]

Fantastic.

[NonValueAdded]

Thank you. As always, mods are the best.

[peggybac]

Awesome! Thanks for letting us know.

[NonValueAdded]

The bill is S1378 and it also allows for the POW-MIA flag to be flown, and removes the holiday-only restriction on the service flags. No mention of lighting for the pole so that will be the next battle when someone wants to fly the flag 24x7.

Turns out the bill was filed 1/25/08 so it wasn't emergency legislation, it passed in the Florida Senate 39-0 on 4/16 and 104-8 in the House on 4/18. It went to the governor on 5/18 and was signed today, 5/28.

[cubreporter]

Way ta go Governor.

[driftdiver]

“Sorry, dudes, but just because higher law trumps HOAs on racial discrimination, antennas, and such (by specific statute) does not mean that it trumps on flag flying prohibitions.”

I could also claim the earth is flat, doesn’t make it true. Higher law trumps lower non-law every single time.

Disagree? Show me the law.

[Atlas Sneezed]

Higher law trumps lower non-law every single time.

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Where state law says HOAs may not regulate, then higher law trumps property rights (as embodies in CC&Rs). But if there is no statutory provision, then the neighborhood rules, rule.

Either a law trumps my right to apply rules to my private property, or it doesn’t.

Ball’s in your court.